DECLERATION OF CONCENTRATION
1. Concentration of economic entities, before putting it into effect, shall be subject to declaration if:
(1) the joint value (amount) of assets or income of the concentration participants or the value (amount) of assets or income of at least one of the participants in the preceding financial year has exceeded the value (amount) of assets or income established by the decision of the Commission;
(2) at least one participant of the concentration has dominant position in any product market.
2. The declaration on concentration shall specify the type, objective of concentration, and the following information about each participant:
(1) name (title), place of residence (registered office) and place of activity;
(2) financial statements of annual activities as of the end of the year preceding the declaration and, in case of the requirement for conducting audit of financial statements, also the audit opinion thereon. If any of the concentration participants has started its activity in the given year, its financial statements and audit opinions thereon shall be submitted as of the end of the month preceding the declaration;
(3) volumes of products, according to their assortment, sold during the preceding year, as well as the description of production capacities;
(4) other documents and information prescribed by the Decision of the Commission “On approving the procedure for declaration of concentration and the form of declaration”.
3. The procedure for declaration of concentration and the form of declaration shall be prescribed by the Commission.
STATE REGULATION OF CONCENTRATION
1. Concentration subject to declaration or significantly impeding economic competition, including also the concentration leading to creation of dominant position or strengthening the dominant position, shall be allowed based on the decision of the Commission, which may also include terms and conditions subject to mandatory implementation by the concentration participant/participants.
2. It shall be prohibited to put into effect any concentration subject to declaration prior to the adoption of the decision by the Commission.
3. Prohibited concentration, put into effect, shall be subject to liquidation (rescission, termination) as prescribed by legislation.
The value (amount) of the assets and profits(s) of the participant(s) of concentration, the procedure for declaration of the concentration of economic entities and the form of the declaration are defined by the Commission’s Decision #478 of 16 December, 2016.
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